GUIDANCE FOR WATER POLLUTION CONTROL REVOLVING LOAN
FUND PROJECTS FUNDED DURING FY 2015 (OCTOBER 1, 2014
THROUGH SEPTEMBER 30, 2015)
Mississippi Department of Environmental Quality
Office of Pollution Control
Surface Water Division
Construction Branch
June 10, 2015
This document contains guidance for compliance with funding requirements from the FY 2015
Water Pollution Control Revolving Loan Fund (WPCRLF) Intended Use Plan (IUP) that differ
from or are in addition to those of the WPCRLF Regulations for Projects Funded on and After
December 19, 2004. Some of these requirements arise from the Water Resources Reform and
Redevelopment Act of 2014, P.L. 113-121 (WRRDA) while others are cross-cutting federal
authorities which have returned due to near exhaustion of banked cross-cutter compliance.
This guidance is based upon the best known information available as of the date above.
However, it is possible that additional federal guidance will be issued, and this guidance is
therefore subject to change accordingly.
As a project proceeds through the program, the Mississippi Department of Environmental
Quality (MDEQ) Project Manager will document compliance with these requirements in the
Checklist for WPCRLF Projects Funded During FY 2015.
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I.
FACILITIES PLANNING
A. Endangered Species Act, Fish and Wildlife Coordination Act, Migratory
Bird Treaty Act, and (only for projects located in Jackson, Harrison, and
Hancock Counties) Coastal Barrier Resources Act (Cross-Cutters)
The Loan Recipient/Consultant must submit a map and description of the
proposed project to the U.S. Fish & Wildlife Service (USFWS), Mississippi
Ecological Services Field Office, Attention: Mr. David Felder, 6578 Dogwood
View Parkway, Suite A, Jackson, MS 39213 (Phone: 601-965-4900). The
USFWS’s comments must be included in the facilities plan. If the USFWS
requires further action (e.g. a vegetative/wildlife survey), such action should be
taken and the resulting information submitted to the USFWS as soon as possible.
(Also see II.B).
B. Sole Source Aquifer (Cross-Cutter)
(Only applies to projects located in the Southern Hills Regional Aquifer System
which is the area between the Mississippi and Pearl Rivers from and including
Warren and Hinds Counties all the way south to the Louisiana State Line. See
http://www.epa.gov/region4/water/groundwater/r4ssa.html.) The Loan
Recipient/Consultant must submit a map and description of the proposed project
to the USEPA Region IV, Grants and Drinking Water Protection Branch,
Attention: Mr. Larry Cole, 61 Forsythe Street Southwest, Atlanta GA 30303
(Phone: 404-562-9474). The EPA’s comments must be included in the facilities
plan. Generally, if best management practices are implemented to protect
groundwater, there will be no adverse comments.
C. Farmland Protection Policy Act (FPPA; Cross-Cutter)
The MDEQ Project Manager will complete this review in accordance with the FY
2015 Operating Procedure for FPPA. Once complete, copies of the compliance
documentation will be provided to the Loan Recipient/ Consultant for their
planning files.
D. Environmental Review {WRRDA Section 5002(1)}: In order for the project to
comply with 40CFR35.3140(b) {Tier 1 NEPA-like review}, the following will be
required:
1. Referring to the Facilities Plan Checklist (NPELF20 dated August 30, 2013),
Section VI.C, the comparative evaluation of alternatives must also include any
sensitive environmental issues that are identified during management of the
project or through public participation. All other provisions of Section VI of
the Facilities Plan Checklist still apply.
2. Referring to the Facilities Plan Checklist (NPELF20 dated August 30, 2013),
Sections VIII.B and VIII.C no longer apply. Instead, a public hearing must be
held for ALL projects. Topics to be discussed at the hearing include the
facilities to be built, why they are needed, where they will be built, how much
they will cost, the average monthly user charge, and the environmental
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impact. The facilities plan must include proof that notice of the hearing was
published in a newspaper of general circulation in the project area at least 30
days prior to the hearing date. The plan must also include minutes from the
hearing, including any public comments. All other provisions of Section VIII
of the Facilities Plan Checklist still apply.
3. When the facilities plan is complete, the MDEQ Project Manager will prepare
the environmental document for the project in accordance with the FY 2015
Operating Procedure for Environmental Review.
II.
LOAN APPLICATION
A. Fiscal Sustainability Plan {WRRDA Section 5003(2)}
The Fiscal Sustainability Plan (FSP) Certification (Attachment 1, PWFC94) must
be submitted, indicating that the Loan Recipient has either developed and
implemented an FSP or will do so and submit a positive certification by 90%
construction completion. Also see Section V.B below.
B. Fish and Wildlife Coordination Act, Migratory Bird Treaty Act, and (only
for projects located in Jackson, Harrison, and Hancock Counties) Coastal
Barrier Resources Act (Cross-Cutters)
The clearance letter from the USFWS must be submitted to MDEQ.
C. Generally Accepted Accounting Principles (GAAP)/Governmental
Accounting Standards Board (GASB) {WRRDA Section 5002}
The GAAP Certification (Attachment 2, PWFC95) must be submitted, indicating
that the Loan Recipient will maintain project accounts in accordance with
generally accepted government accounting standards, including standards related
to the reporting of infrastructure assets.
D. Useful Life {WRRDA Section 5003(2)}
The MDEQ Project Manager will file a copy of Tony Caldwell’s May 14, 2015,
useful life determination memo in the Loan Application File.
III.
LAND ACQUISITION
Uniform Relocation Assistance and Real Property Acquisition Policies Act
(Cross-Cutter)
The Loan Recipient must comply with the Uniform Act’s implementing regulations at
49CFR24.101 through 24.105, and the Loan Recipient and Title Counsel must submit
the attached Limited (Attachment 3) and Clear (Attachment 4) Site Certificates for
Projects Funded During FY 2015 (instead of NPELF71 and NPELF73) by the date
specified in the loan agreement. Note that there are no Limited Site Certificates for
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projects including eligible land as no such projects are expected to proceed toward an
FY 2015 loan award. If a given project will include eligible land, the Loan
Recipient/Consultant should contact MDEQ regarding development of appropriate
certificates.
The MDEQ Program Support Officer will use the Site Certificates for Projects
Funded During FY 2015 with his land acquisition reminder letter per Item No. 1 of
the Real Property Acquisition Standard Operating Procedure (NPEP3) dated January
30, 2012.
The MDEQ Project Manager will use the Site Certificates for Projects Funded During
FY 2015 with his site certificate reminder letters per Item No. B.2 of the Management
of Project Schedules Standard Operating Procedure (NPEP35) dated August 11, 2008.
IV.
DESIGN
All construction contracts must include MDEQ’s Supplementary Information
for Bidders dated June 10, 2015 (Attachment 5) verbatim in order to comply
with the following requirements:
A. Executive Order 12549-Debarment and Suspension (Cross-Cutter)
B. Executive Order 11246-Equal Employment Opportunity (Cross-Cutter)
C. American Iron and Steel (WRRDA Section 5004)
For details on what American Iron and Steel (AIS) products are covered by this
requirement, see the AIS guidance memorandum entitled “Implementation of
American Iron and Steel provisions of P.L. 113-76, Consolidated Appropriations
Act, 2014” issued by EPA Headquarters on March 20, 2014. The information
provided therein should be helpful to Loan Recipients and Consultants in crafting
bidding documents and ensuring compliance for a given project. The Loan
Recipient has the ultimate responsibility for compliance with the AIS
requirement. Legal counsel should be sought as necessary.
There are basically four ways to comply: 1) Ensure and document that all of the
iron and steel products used in the project are produced in the U.S., 2) Request
and be granted an individual item/project waiver from EPA for foreign produced
items, 3) Comply and document conformance with an existing
categorical/nationwide waiver, or 4) (This is not applicable for any Mississippi
WPCRLF Loan Recipients) Where a Loan Recipient has a direct international
agreement with a foreign country with which the AIS clause conflicts, there are
some very complicated exceptions.
A waiver can be based on a) the public interest, b) insufficient quality/quantity, or
c) 25% total project (not item or contract) cost increase. Public interest waivers
are expected to be nationwide, whereas the others are expected to be project/item
specific.
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On the basis of public interest, EPA Headquarters has issued a nationwide waiver
for de minimis incidental components. These are miscellaneous, generally lowcost components where the country of origin and availability of alternatives are
not readily or reasonably identifiable prior to procurement in the normal course of
business. This waiver covers situations where the cost of such items is no more
than 5% of the total cost of materials (not labor, rentals, etc.) used in and
incorporated into the project (not the total contract cost) and no individual item
exceeds 1% of the total cost of materials.
Additional documentation requirements apply if a waiver is being requested after
the contract is executed; this is strongly discouraged.
Given the extensive documentation involved, the number of people involved, and
the fact that these waivers are going to be reviewed for nationwide consistency
and published on the EPA Headquarters website, one might expect that relatively
few individual waivers will be issued.
Individual waiver requests must be submitted to MDEQ. The required content of
such a request is described in the checklist included in Appendix 1 of EPA’s AIS
guidance memorandum. In order to expedite processing, all waiver requests
submitted to MDEQ must be accompanied by a copy of the checklist which has
been completed and notated to clearly identify where in the waiver request
documents each specific checklist item is addressed. Once determined complete
by MDEQ, the request will be sent to cwsrfwaiver@epa.gov with a copy to EPA
Region IV.
The EPA AIS guidance memorandum, questions and answers, issued waivers, and
other relevant information are available at:
http://water.epa.gov/grants_funding/aisrequirement.cfm
During design and bidding, good faith efforts must be made to identify and use
domestic products. Contractors and suppliers should be contacted to determine
availability and cost. If a specification is so strict as to rule out a domestic
product, there must be strong justification and a waiver will be required.
Although unlikely, where the total project (not item or contract) cost might
overrun 25% or more due to AIS requirements, an alternate bid for foreign
products could be solicited as documentation to support a waiver request.
EPA is expecting that the construction contract documents will make compliance
with this requirement a matter of bidder responsiveness and/or responsibility
and/or a factor in determining the best bid, with significant penalty for
noncompliance. The bidder is expected to provide domestic products and
documentation to verify compliance where possible. Otherwise, the bidder is
expected to provide complete, timely information necessary to demonstrate
qualification for an existing nationwide waiver (e.g., de minimis) or such
documentation necessary for the Loan Recipient to apply for an individual waiver.
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In order to avoid delays and other issues associated with a potential bid protest,
the information for bidders should be very clear regarding the method of award in
cases where alternate bids are used and/or a waiver request is anticipated.
The project cannot be split up to use non-WPCRLF funds on a portion of a project
in order to avoid the AIS requirement for that portion.
The AIS requirement should be discussed at a (perhaps mandatory) pre-bid
meeting.
V.
CONSTRUCTION
A. American Iron and Steel (WRRDA Section 5004)
1. For each construction contract, the MDEQ Project Manager will remind the
Loan Recipient/Consultant of the AIS requirements herein at the time the
executed construction contract documents are accepted by MDEQ per the
Executed Contract Documents Standard Operating Procedure (NPEP29) dated
July 29, 2013.
2. Manufacturer Certification: EPA recommends the use of a step certification
process, similar to one used by the Federal Highway Administration. The step
certification process is a method to ensure that producers adhere to the AIS
requirement and Loan Recipients can verify that products comply with the
AIS requirement. The process also establishes accountability and better
enables States to take enforcement actions against violators.
Step certification creates a paper trail which documents the location of the
manufacturing process involved with the production of steel and iron
materials. A step certification is a process under which each handler
(supplier, fabricator, manufacturer, processor, etc.) of the iron and steel
products certifies that their step in the process was domestically performed.
Each time a step in the manufacturing process takes place, the manufacturer
delivers its work along with a certification of its origin. A certification can be
quite simple. Typically, it includes the name of the manufacturer, the location
of the manufacturing facility where the product or process took place (not its
headquarters), a description of the product or item being delivered, and a
signature by a manufacturer’s responsible party. EPA’s sample certification is
in Attachment 6. These certifications should be collected and maintained by
the Loan Recipient.
Alternatively, the final manufacturer that delivers the iron or steel product to
the worksite, vendor, or contractor, may provide a certification asserting that
all manufacturing processes occurred in the US. While this type of
certification may be acceptable, it may not provide the same degree of
assurance. Additional documentation may be needed if the certification is
lacking important information. Step certification is the best practice.
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3. De Minimis Items: To comply with this waiver (see Section IV.C above),
throughout construction the Loan Recipient must maintain all relevant
materials invoices. For each construction contract, the Loan Recipient must
keep a running total of all material types and costs and those that fall under
the waiver and must include this information in a report with calculations that
demonstrate that the total cost of de minimis items falls under the 5% of total
material cost threshold and that individual item cost falls under the 1% of total
material cost threshold.
4. MDEQ Site Visits: During periodic site visits, the MDEQ Project Manager
will discuss the AIS compliance status with the Loan Recipient and
Consultant including the status of any waivers, de minimis reports,
manufacturer’s certifications, etc. If noncompliance is noted, Project
Manager will inform Loan Recipient/Consultant that item must be
removed/replaced (with other than WPCRLF funds); otherwise, entire
project may be declared non-WPCRLF eligible, and immediate
repayment of all project-related WPCRLF funds may be required.
Project Manager will also discuss with Engineering Coordinator and Branch
Chief regarding how to proceed.
B. Fiscal Sustainability Plan {WRRDA Section 5003(2)}
If not done prior to loan award per Section II.A above, then, by 90% construction
completion, the Loan Recipient must submit a positive FSP Certification
(Attachment 1, PWFC94) indicating that they have developed and implemented
their FSP.
VI.
CLOSEOUT
A. American Iron and Steel (WRRDA Section 5004): The Loan Recipient must
submit the final de minimis report (see Section IV.C above) to MDEQ within 30
days after the final construction observation for each construction contract.
B. After receipt of the final AIS de minimis report for the last construction contract,
the MDEQ Project Manager will ensure that the Checklist for WPCRLF Projects
Funded During 2015 is fully completed and file it in the Project Closeout file.
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ATTACHMENT 1
FISCAL SUSTAINABILITY PLAN CERTIFICATION
(PWFC94)
06/10/2015
PWFC94
03/27/2015
FISCAL SUSTAINABILITY PLAN CERTIFICATION
Loan Applicant/Recipient: _____________________________________________________________
Loan Number: SRF-C280_____________________________________________________
We (the undersigned Authorized Representative and consulting engineer) do hereby certify as follows with regard to
the Water Pollution Control Revolving Loan Fund (hereinafter “WPCRLF”) project identified above:
[CHECK THE APPROPRIATE BLANK BELOW]
_____
We certify that by the date that represents 90% of construction completion, the Loan
Applicant/Recipient will develop and implement a Fiscal Sustainability Plan that includes:
(I) an inventory of critical assets that are a part of the treatment works;
(II) an evaluation of the condition and performance of inventoried assets or asset groupings;
(III) a certification that the recipient has evaluated and will be implementing water and energy
conservation efforts as part of the plan; and
(IV) a plan for maintaining, repairing, and, as necessary, replacing the treatment works and a plan
for funding such activities; or
_____ We certify that the Loan Applicant/Recipient has developed and implemented a Fiscal Sustainability
Plan that includes the elements described in Items I through IV, above.
We understand that this Fiscal Sustainability Plan Certification (hereinafter "Certification") is a material
representation of fact upon which reliance is placed by the Mississippi Department of Environmental Quality
(hereinafter "MDEQ") regarding state financial assistance under Section 49-17-81 through 89, Mississippi Code of
1972, as amended (Water Pollution Control Revolving Fund and Emergency Loan Fund Act) to construct the water
pollution control project identified above.
We understand that we shall immediately provide written notice to the MDEQ if at any time we learn that this
Certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
We understand that we must maintain all documents, papers, and records regarding the Fiscal Sustainability Plan
and that any duly authorized representative of the MDEQ and/or EPA has a right of access to any such documents,
papers and/or record for purposes of review, audit, examination, excerpts, and transcriptions.
We understand that MDEQ may report violations and/or suspected violations to the appropriate state and/or federal
authorities in accordance with applicable state law and regulations and/or applicable federal law and regulations
and/or as determined appropriate by MDEQ.
We understand that if MDEQ discovers that any of the Fiscal Sustainability Plan requirements were violated or that
the Loan Applicant/Recipient rendered an erroneous Certification, in addition to all other remedies available, the
Executive Director, or his/her designee, may determine that the related costs are unallowable and may require
repayment of all WPCRLF funds paid for such costs, in accordance with Rule 7.3.H.(6) of the WPCRLF Program
Regulations.
As the Loan Applicant’s/Recipient’s Authorized Representative, I certify under penalty of law that I have personally
examined and am familiar with the information submitted herein, and based on my inquiry of those individuals
immediately responsible for obtaining the information, believe the submitted information is true, accurate and
complete.
_________________________________
Authorized Representative (Signature)
____________________________________
Consulting Engineer (Signature)
_________________________________
Printed Name
____________________________________
Printed Name
_________________________________
Date
____________________________________
Date
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ATTACHMENT 2
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
CERTIFICATION
(PWFC95)
06/10/2015
PWFC95
05/07/2015
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES CERTIFICATION
Loan Applicant/Recipient: _____________________________________________________________
Loan Number: SRF-C280______________________________________________________________
We (the undersigned Authorized Representative and City Clerk/Town Clerk/Chief Financial Officer) do hereby
certify that the Loan Applicant/Recipient will maintain project accounts for the Water Pollution Control Revolving
Loan Fund project identified above in accordance with Generally Accepted Accounting Principles (hereinafter
"GAAP"), including standards relating to the reporting of infrastructure assets.
We understand that this GAAP Certification (hereinafter "Certification") is a material representation of fact upon
which reliance is placed by the Mississippi Department of Environmental Quality (hereinafter "MDEQ") regarding
state financial assistance under Section 49-17-81 through 89, Mississippi Code of 1972, as amended (Water
Pollution Control Revolving Fund and Emergency Loan Fund Act) to construct the water pollution control project
identified above.
We understand that we shall immediately provide written notice to the MDEQ if at any time we learn that this
Certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
As the Loan Applicant’s/Recipient’s Authorized Representative, I certify under penalty of law that I have personally
examined and am familiar with the information submitted herein, and based on my inquiry of those individuals
immediately responsible for obtaining the information, believe the submitted information is true, accurate and
complete.
_________________________________
Authorized Representative (Signature)
____________________________________
City Clerk/Town Clerk/Chief Financial Officer (Signature)
_________________________________
Printed Name
____________________________________
Printed Name
_________________________________
Date
____________________________________
Date
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ATTACHMENT 3
LIMITED SITE CERTIFICATES
06/10/2015
Limited Site Certification
WPCRLF PROJECTS FUNDED DURING FY 2015
(For Projects That Have No Eligible Land In the Loan Scope)
Loan Recipient
Project No. SRF-C280
As Authorized Representative of the
(Loan Recipient), I
do hereby certify that, regarding the referenced project (as described in the loan agreement):
1.
The Loan Recipient has acquired or will acquire all new real property (including
permanent easements and rights-of-way, except temporary construction easements)
required for all elements (construction, operation, and maintenance) of the project in
accordance with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 as Amended.
2.
The Loan Recipient has secured bona fide options to purchase or has initiated
condemnation proceedings (by filing such action in court) for all or part of the required
real property, permanent easements, and rights-of-way; and any remaining required
property, permanent easements, and rights-of-way have been acquired by fee simple title,
twenty (or more) year lease, or other such estate or interest.
3.
The Loan Recipient has acquired or will acquire all required temporary construction
easements in accordance with applicable state law and local ordinances.
I understand that I shall immediately provide written notice to MDEQ if at any time I learn that
this Certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
I certify under penalty of law that I have personally examined and am familiar with the
information submitted herein, and based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe the submitted information is true, accurate
and complete.
Authorized Representative (Signature)
Date
Printed Name
06/10/2015
Limited Site Certification
WPCRLF PROJECTS FUNDED DURING FY 2015
(For Projects That Have No Eligible Land In the Loan Scope)
Title Counsel
Project No. SRF-C280
As Title Counsel representing the
(Loan Recipient), I
do hereby certify that, regarding the reference project (as described in the loan agreement):
1.
I have investigated and ascertained the location(s) of, and am familiar with, the legal
description(s) of the site(s) (including easements and rights-of-way) required for all
elements (construction, operation, and maintenance) of the project.
2.
I have examined the deed records of the county or counties in which the project is to be
located, and in my opinion the Loan Recipient has a legal and valid fee simple title,
twenty (or more) year lease, or such other estate or interest in the site(s) sufficient to
assure undisturbed use and possession throughout the estimated life of the project, except
for those site(s) described on the attached sheet(s) for which the Loan Recipient has
secured bona fide options to purchase or has initiated condemnation proceedings (by
filing such action in court).
3.
All deeds and/or other documents required to protect the title and the interest of the Loan
Recipient have been duly recorded and filed for record wherever necessary, except for
those site(s) described on the attached sheet(s).
I understand that I shall immediately provide written notice to MDEQ if at any time I learn that
this Certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
I certify under penalty of law that I have personally examined and am familiar with the
information submitted herein, and that it is true, accurate and complete.
Title Counsel (Signature)
Date
Printed Name
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ATTACHMENT 4
CLEAR SITE CERTIFICATES
06/10/2015
Clear Site Certification
WPCRLF PROJECTS FUNDED DURING FY 2015
Loan Recipient
Project No. SRF-C280_____________________
As Authorized Representative of the ___________________________________ (Loan Recipient),
I do hereby certify that, regarding the referenced project (as described in the loan agreement):
1.
All real property (including permanent easements and rights-of-way, except temporary
construction easements) acquired since planning of the WPCRLF project began was
acquired in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as Amended.
2.
The Loan Recipient has acquired by fee simple title, twenty (or more) year lease, or other
such estate or interest all required real property (including permanent easements and rightsof-way).
3.
The Loan Recipient has acquired all required temporary construction easements in
accordance with applicable state law and local ordinances.
I understand that I shall immediately provide written notice to MDEQ if at any time I learn that this
Certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
I certify under penalty of law that I have personally examined and am familiar with the information
submitted herein, and based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe the submitted information is true, accurate and complete.
_________________________
Authorized Representative (Signature)
Date
_____________________________________
Printed Name
06/10/2015
Clear Site Certification
WPCRLF PROJECTS FUNDED DURING FY 2015
Title Counsel
Project No. SRF-C280______________
As Title Counsel representing the __________________________________ (Loan Recipient), I do
hereby certify that, regarding the referenced project (as described in the loan agreement):
1.
I have investigated and ascertained the location(s) of, and am familiar with the legal
description(s) of the site(s) (including easements and rights-of-way) required for all
elements (construction, operation, and maintenance) of the project.
2.
I have examined the deed records of the county or counties in which the project is to be
located and in my opinion, the Loan Recipient has a legal and valid fee simple title, twenty
(or more) year lease, or such other estate or interest in the site(s) sufficient to assure
undisturbed use and possession throughout the estimated life of the project.
3.
All deeds and/or other documents required to protect the title and the interest of the Loan
Recipient have been duly recorded and filed for record wherever necessary.
I understand that I shall immediately provide written notice to MDEQ if at any time I learn that this
Certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
I certify under penalty of law that I have personally examined and am familiar with the information
submitted herein, and that it is true, accurate and complete.
Title Counsel (Signature)
______________________________
Date
_______________________________________
Printed Name
06/10/2015
ATTACHMENT 5
SUPPLEMENTARY INFORMATION FOR BIDDERS
06/10/2015
SUPPLEMENTARY INFORMATION FOR BIDDERS
WPCRLF PROJECTS FUNDED DURING FY 2015 (OCTOBER 1, 2014
THROUGH SEPTEMBER 30, 2015)
A. Executive Order 12549-Debarment and Suspension
This contract will not be awarded to a bidder that has been excluded or disqualified from
participating in federal assistance programs. Further, the successful bidder agrees not to
enter into agreements with subcontractors/suppliers who are excluded or disqualified from
participating in federal assistance programs. See www.sam.gov.
B. Executive Order 11246-Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex or national origin.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advancements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
3. The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of Executive Order No.
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and
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7.
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
The contractor will include the provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event
the contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction, the contractor may request the United States to
enter into such litigation to protect the interests of the United States." [Sec. 202 amended
by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO
12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
C. American Iron and Steel
The Contractor acknowledges to and for the benefit of Owner that it understands the goods
and services under this Agreement are being funded with monies made available by the
Water Pollution Control Revolving Loan Fund (WPCRLF) that have requirements commonly
known as “American Iron and Steel;” that requires all of the iron and steel products used in
the project to be produced in the United States (“American Iron and Steel Requirement”)
including iron and steel products provided by the Contactor pursuant to this Agreement. The
Contractor hereby represents and warrants to and for the benefit of the Owner that (a) the
Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of
the iron and steel products used in the project will be and/or have been produced in the
United States in a manner that complies with the American Iron and Steel Requirement,
unless a waiver of the requirement is approved, and (c) the Contractor will provide any
further verified information, certification or assurance of compliance with this paragraph, or
information necessary to support a waiver of the American Iron and Steel Requirement, as
may be requested by the Owner. Notwithstanding any other provision of this Agreement,
any failure to comply with this paragraph by the Contractor shall permit the Owner to
recover as damages against the Contractor any loss, expense, or cost (including without
limitation attorney’s fees) incurred by the Owner resulting from any such failure (including
without limitation any impairment or loss of funding, whether in whole or in part, from the
WPCRLF).
06/10/2015
ATTACHMENT 6
SAMPLE AIS STEP CERTIFICATION
06/10/2015
SAMPLE STEP CERTIFICATION
(Company Letterhead)
Date
Company Name
Company Address
City, State Zip
Subject: American Iron and Steel Step Certification for WPCRLF Project No. SRF C280___-__
I, (company representative), certify that the (melting, bending, coating, galvanizing, cutting, etc.)
process for (manufacturing or fabricating) the following products and/or materials shipped or
provided for the subject project is in full compliance with the American Iron and Steel
requirement as mandated by Section 5004 of the Water Resources Reform and Redevelopment
Act of 2014 (P.L. 113-121).
Item, Products and/or Materials:
1. Xxxx
2. Xxxx
3. Xxxx
Such process took place at the following location:
_____________
If any of the above compliance statements change while providing material to this project we
will immediately notify the prime contractor and the engineer.
Signed by company representative
06/10/2015